Sankarapandian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7378 of 2018 SANKARAPANDIAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO. 701 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. V. BALASUBRAMANIAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is facing trail in PRC.No.22 of 2017 on the file of the learned Judicial Magistrate No.5, Tirunelveli. The petitioner is figuring as Accused No.1 in Crime No.701 of 2016 for the offences under Sections 294(b), 341, 307 and 506 (ii) of I.P.C. On the file of the respondent Police.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl side) appearing for the respondent.

3.Final report has been filed and committal proceedings in in P.R.C.No.22 of 2017 on the file of the learned Judicial Magistrate No.5, Tirunelveli has been pending. Non Bailable warrant has been issued against the petitioner herein.

4.The learned counsel appearing for the petitioner undertakes that the petitioner shall attend all the future hearings without any default.

5.Recording this undertaking, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.5, Tirunelveli. (ii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE SUB INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. V. BALASUBRAMANIAN Advocate SR.No.7665

ORDER

IN CRL OP(MD) No.7378 of 2018 Date :28/04/2018 MKV-CM-VR-GSR/28.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/